Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37633 of 2018 Arising Out of PS. Case No.-455 Year-2017 Thana- Turkauliya District- East Champaran ====================================================== Shambhu Paswan, Son of Sukhal Paswan, Resident of Village- Turkauliya Chauk, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioner and Sri Nagendra Prasad, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Turkauliya P.S. Case No. 455 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail on parity.

It has been argued that out of five F.I.R. named accused persons, at least three accused namely Khedu Paswan, Rajju Paswan @ Raju Paswan and Ramnath Paswan have already been extended the privilege of anticipatory bail by order dated 09-02-2018 passed in Cr. Misc. No. 3215 of 2018. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

Patna High Court Cr.Misc. No.37633 of 2018(2) dt.03-07-2018 2/2 Learned Addl. Public Prosecutor, though has opposed the prayer for grant of anticipatory bail, has not disputed the fact that other three accused in similar circumstance have been extended the privilege of anticipatory bail.

Considering the fact that petitioner is having clean antecedent as well as the fact that other three accused persons in similar circumstances have been extended the privilege of anticipatory bail, there is no reason to pass a different order in the present case.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Shambhu Paswan be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 455 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T